Regulation 4 Exceptions to prohibition on importation

(1)

The prohibition on importation in regulation 3 shall not apply in respect of milk imported into England and Wales which—

(a)

is specified drinking milk, cream, milk-based drink or bulk milk,

(b)

has been pasteurised, sterilised or heat treated by the ultra high temperature method as specified in Schedule 1,

(c)

has been produced in, and is imported from, a Member State of the European Economic Community,

(d)

is accompanied by, and complies with, such certificate as the Minister may from time to time require by notice published in the London Gazette in relation to milk in general or milk of such description as may be specified in the notice,

(e)

is neither milk which is unfit for human consumption nor milk which has been rendered injurious to human health by addition of any substance as an ingredient, by abstraction of any constituent or by subjection to any other process or treatment,

(f)

is imported through an authorised place of entry, and

(g)

(i)

in the case of pasteurised milk, is imported as pre-packaged milk or in a tanker which has been sealed by means of a watertight closure,

(ii)

in the case of sterilised milk, is imported in the hermetically sealed container in which it was sterilised,

(iii)

in the case of milk which has been heat-treated by the ultra high temperature method, is imported in the opaque containers in which it was packaged aseptically immediately after heat-treatment.

(2)

In determining for the purposes of this regulation whether particular milk is injurious to human health, regard shall be had not only to the probable effect of that particular milk on the health of a person consuming it, but also to the probable cumulative effect of milk of substantially the same composition on the health of a person consuming such milk in ordinary quantities.